Going to trial

[Sunshine123]

I was wondering if anyone has been to trial via a solicitor that specialises in Drink Driving offences.

This is my second conviction my first one was 7 years ago, in which I received a 18 month ban which was reduced as I completed the course to 15 months. I also received a fine. The road side test failed and the reading at the station was 77. I admit I had been out and drank a lot I struggled to get a taxi and ended up driving.

The second offence I was pulled over the next morning at 8am as the officer said I skipped a red light, I blew 50 on the road and this then increased to 75 at the station. I was released 3 hours later. The first time I was kept in custody for a long time maybe 6 hours. I was also drug tested the first time but not the second time. I wasn't drunk and felt fine, but yet I blew nearly the same as before!

Any advice on pleading not guilty would be appreciated. I believe that I should of been given a 25 page document to read, and I wasn't.

 

[Bravo]

I was arrested on suspicion of drink driving about 18 months ago. After doing a bit of googling (I knew literally nothing about the subject), I spoke to a 'specialist' that solely deals with motoring offences - and they advised me to plead not guilty from the beginning.

My case was a bit different to yours, in that it involved a urine sample (or lack of one). Basically the police completely messed up the procedure by only taking one sample. They're supposed to take two urine samples and discard the first (look up MGDDB procedure if you've got a spare afternoon!). There is a very good reason for discarding the first sample and i'm not sure i'd even describe it as a 'technicality'.

The CPS subsequently discontinued the case before trial.

In regards to your case, I believe that 25 page document might be the MGDDA? It's a booklet the officer completes as you participate in the procedure. I don't think there's a requirement for them to show you it there and then? You can certainly ask for a copy on the first hearing if you intend to plead not guilty. If you intend to plead not guilty then you definitely need representation (and preferably someone who knows this area inside out).

Unfortunately (for you) the procedure for taking a sample of breath is a lot simpler and more practised than the procedures for obtaining blood and urine. So obviously less mistakes are made, less things get lost and there's less of a chance for acquittal.

I'd definitely advise you to speak to a 'specialist' solicitors (I think most offer free initial consultations?). If you instruct them then they will be able to get copies of CCTV etc and will be able to advise you whether you should plead guilty/not guilty. They may say you should plead guilty, but then they will be able to provide mitigation to get the best outcome. For a 2nd offence within 10 years, I believe the minimum driving ban is 3 years.

Hope that helps.